National Conference To Focus on Challenges and Uncertainty

T his year’s National Training

Conference offers an agenda

packed with sessions on current

issues, with an aim toward pre-

paring programs to meet the challenges and

uncertainties facing them today. Sponsored

by the Office for Victims of Crime, U.S.

Department of Justice, close to 150 partici-

pants from compensation programs across

the country are expected for three days of

intense and lively discussions.

Joye Frost, recently

named by President

Obama as OVC direc-

tor, will open our con-

ference with a presen-

tation on Vision 21,

OVC’s major initiative

to design a philosophi-

cal and strategic

framework to move

the victim service field

forward in the future. The agenda then

moves to a series of workshops and round-

table discussions on a myriad of issues,

with tracks on policy questions, manage-

ment issues and techniques, and founda-

tional principles for staff and decision mak-

ers.

Some of the policy questions to be ad-

dressed are:

Preparing for and responding to mass

violence

Managing mental health claims ac-

cording to the latest research on evi-

dence-based treatment

Modifying certain rules for domestic

trafficking victims, in light of the ex-

ploitative nature of these crimes

Coping with change under the Afford-

able Care Act, and dealing with other

factors impacting claims and funding

Creating a role for advocacy within a

compensation program

Managers also will be able to choose

from a variety of sessions on operational

issues, including:

Claims management software

Techniques consultants use to analyze

and modernize pro-

grams

Considerations in

managing a changing

workforce, reflecting

generational diversity

Advances in res-

titution recovery

Quality assur-

ance in claims proc-

essing and decision

making

Forensic claim management

Effective communication with those

with limited language skills

Foundational sessions will be offered on

victims rights in law and in the courts;

cross-cultural communication; intimate

partner violence; trauma, crisis, and self-

care; and decision-making principles.

We’re grateful for the help of the Ore-

gon Department of Justice in hosting this

conference. The Association has been

holding a national conference since 1977.

With active participation from our mem-

bership, expert speakers, and OVC support,

the 2013 Conference promises to be a great

success!

VOCA Grants Released; Action on Federal Budget for Next Year Lags

Regionals Draw 26 States to Utah, Rhode Island

States Act to Clarify Rules on Trafficking, Raise Caps and Add Benefits

Issue #2 2013

Crime Victim Compensation

Q U A R T E R L Y

THE NATIONAL ASSOCIATION OF CRIME VICTIM COMPENSATION BOARDS H. GENE McCLESKEY President CLETUS NNANABU First Vice President GEORGE GUTIERREZ Second Vice President ETHEL DOUGLAS FORD Treasurer LAURA BANKS REED Secretary DAN EDDY Executive Director

National Conference 2013

Portland

Oregon September 11- 13

I N S I D E

P.O. Box 16003 o Alexandria, Virginia 22302 o (703) 780-3200 o www.nacvcb.org

I hope you are making plans to attend

our National Conference in Portland,

September 11-13. We have some ex-

cellent speakers lined up, and our

workshops are designed to address a

variety of important and current is-

sues. Our conference

will provide a great

opportunity to share

ideas and discuss a

number of trends and

challenges. There is

no better way to learn

more about what is

working in other states,

and how various pro-

grams are dealing with

the same situations that you are.

Here are just some of the issues

we’ll be discussing in Portland:

Many programs are seeing a de-

cline in state revenue, from offender-

based funding mechanisms. Claims

also appear to be stabilizing, or even

decreasing, in a number of states.

There are many uncertainties regard-

ing federal and state implementation

of the Affordable Care Act, which will

differ from state to state. How we

manage these trends and potential

changes may be vital to strategic plan-

ning for the future.

We’re seeing a number of states ac-

tively searching for new or improved

claims-management processing sys-

tems, and we plan to spend time dis-

cussing ways to ap-

proach this task.

Mass violence has

been a major concern

the past year, with

large-scale incidents in

a number of different

states. We want to

help states prepare and

respond to these inci-

dents, so there will be

an important conversation about this.

And as we always do, we will spend

a good deal of time sharing informa-

tion about operational improvements,

changes in rules and benefits, and pro-

gress in many other aspects of pro-

gram performance. I hope you will

enjoy our sessions this year, and that

you’ll participate actively in our dis-

cussions. Let us know how we can

make this conference as productive as

possible for you and your staff.

—Gene McCleskey

Association Officers President: Gene McCleskey (Texas)

1st Vice President: Cletus Nnanabu (Washington)

2nd Vice President: George Gutierrez (Idaho)

Treasurer: Ethel Ford (South Carolina)

Secretary: Laura Banks Reed (District of Columbia)

Board of Directors Virginia Woodward (KY) Julie Nauman (CA) Kate Hudson (AK) Suzanne Breedlove (OK)

Angela Buckhanan (FL) Susan Sudduth (MO) Janice Carmichael (NC)

Cassie Jones (AL) Gary Scheller (UT) Rebecca Shaw (OR) Janelle Melohn (IA) Deb Rice (ME)

President’s Message

from Gene McCleskey

2013 Grants Finally Arrive;

Picture for 2014 Remains Cloudy VOCA Assistance Grants

Near Record High; Comp.

Grants Decline Nationally

Each state compensation program gets its full

60%-of-state-payout grant this year (federal fiscal

year 2013), but overall, the national total of compen-

sation grants declined from a high reached two years

ago. Compensation grants total $159.1 million in

FY 2013, compared to $178.1 million last year. The

record high was $198 million in FY 2010.

The national totals tend to be weighted toward

what happens in the largest states, however, and a

number of them saw substantial declines in grant

awards. Compensation programs in 25 states had

larger grants this year than last, so overall there was

an equal balance between state gains and drops.

VOCA assistance grants in 2013 are the second

highest ever. Assistance grants to all the states total

$425.2 million in FY 13, a 12% increase from last

year, and just off the all-time record of $428.1 mil-

lion set just two years ago.

VOCA assistance grants went up partially be-

cause compensation grants went down; both grant

programs share the same pot of money in equal

shares, but once compensation programs get their

60% grants, the unused remainder of compensation

money rolls into the VOCA assistance share. And

there was more money to begin with, because Con-

gress added $25 million to the VOCA cap this year,

raising it from $705 million to $730 million.

Grants were unusually delayed this year

because of budgetary disagreements in Congress.

The Office for Victims of Crime can’t get grants out

until it knows what Congress has allocated for

VOCA spending, and that remained unclear until

late this spring. Then further uncertainty ensued

over how to deduct management and administrative

(M&A) costs from grant programs, as Congress be-

gan requiring the Department of Justice to do last

year. A decision was made to take M&A costs from

the amount set aside for compensation grants ini-

tially, rather than from each grant itself; and the ef-

fect was to reduce the amount that rolled over to

VOCA assistance.

Shutdown Looms as Budget

Stalemate Persists Though both the House and Senate Appropria-

tions Committees have approved higher caps for

next year’s grants — $745 million in the House bill,

and $765 million in the Senate’s — final action by

Congress on any major appropriations bills for the

coming federal fiscal year appears unlikely before

October 1. Two possibilities remain: Congress will

pass a Continuing Resolution (CR) keeping funding

at FY 2013 levels, or the federal government will

shut down until some budgetary agreement is

reached.

A government shutdown carries complications

for any state seeking to draw down money while the

government is closed. We’ll follow this closely.

Welcome . . . Robin Brassie is the new director of the

New Mexico Crime Victims Reparation Com-

mission. Robin has served for many years with

the program, mostly managing VOCA assis-

tance.

Tannisha Bell has been named chief of the

Crime Victim Services Section of the Ohio At-

torney General’s Office. She recently worked

in the District of Columbia’s A.G. Office as a

trial attorney, and previously practiced in the

Columbus, Ohio, City Attorney’s Office.

Regionals Draw 26 States to

Utah and Rhode Island Lively roundtable discussions and compelling presentations were the highlights of two Regional Training Con-

ferences this Spring.

In Salt Lake City, Utah’s Office for Victims of Crime hosted more

than 50 participants for three days of sessions focused on policy and

practice. Beginning with a group discussion of developments in the

past year in each state participating, the agenda moved through a se-

ries of presentations and roundtables that emphasized current issues

and challenges.

Among the highlights: Utah SANE Coordinator Susan Chasson

talked about how programs can help sexual assault victims and de-

scribed some of the considerations in determining whether a victim

should be prescribed an HIV-prevention medication. Discussion en-

sued about how programs could cover payment for the medication,

which is expensive and needs to be started immediately. Restitution recovery was addressed in two sessions, the

first, led by Idaho’s George Gutierrez and Dana Thomas, focused on efforts in their program to go after defen-

dants directly for payment. The second session was a presentation by Professor Paul Cassell on current legislation

and court cases relating to restitution. Utah Director Gary Scheller moderated a provocative panel discussion on

what victim cooperation means in sexual assault cases, and representatives from victim services, law enforcement,

and prosecution offices, as well as a rape victim, gave their perspectives. Veteran managers Kristy Ring of New

Mexico and Suzanne Breedlove of Oklahoma shared lessons learned from their lengthy careers managing both

compensation and assistance programs in their states. Suzanne joined her assistant Brian Hendrix in describing

outreach efforts toward Indian tribes and Native American victims in Oklahoma. Pete Walters, an agent from the

Utah Department of Corrections, provided valuable information on the dynamics of gangs and their members, who

may be perpetrators one day, and victims the next. Two registered psychiatric nurses, Judy Raines and Geraldine

Ulibarri led a discussion on how to manage mental health claims, particularly inpatient treatment. Tony Tilger

spoke about recent response in Colorado to the Aurora shootings; and Larry Grubbs told us about how he led an

effort to overhaul Arizona’s law and rules to promote better policies and benefits for the county compensation

boards in his state. Many other issues were covered during the two-and-a-half-day conference, including national

health care reform, VOCA funding, and VAWA changes affecting compensation programs. Small-group discus-

sions and networking were emphasized throughout.

Our thanks to Gary Scheller and his office for hosting an excel-

lent conference.

At the Eastern-Southern Regional in Providence, South Carolina’s

Dr. Larry Barker joined Dr. Amy Goldberg in talking about effective

management of mental health claims, emphasizing evidence-based

treatment and therapist accountability. Program managers Linda Ci-

mino of Connecticut and Ann Meola of Massachusetts, joined by

their staffs, told us how their programs reacted and responded to the

Newtown shootings and the Boston Marathon bombing. Rebecca

Loya of Brown University shared finding from her research into the

experiences of sexual assault victims, highlighting their need for relocating in the aftermath of the crime. Suzanne

Breedlove and Brian Hendrix broadened their presentation on outreach to Native American victims by discussing

how lessons learned can be applied to efforts to communicate with other marginalized or minority communities.

Small groups of managers and staff explored a number of issues germane to their job responsibilities in breakout

sessions, and national developments such as health care reform and federal funding were also addressed.

We’re grateful to Melba Moore and her Rhode Island staff for hosting a wonderful gathering of programs.

Salt Lake

City

April 9—11

Providence

April 29—

May 1

States Address Trafficking,

Add Benefits, and Raise Caps Crime victim compensation programs in Califor-

nia and Utah have clarified eligibility requirements

for trafficking victims in their states, addressing the

forced nature of the criminal involvement of those

exploited in these offenses.

The California Victim Compensation and Gov-

ernment Claims Board voted unanimously in May to

approve a new regulation that allows victims of hu-

man trafficking who have been forced into prostitu-

tion to receive much needed assistance from the pro-

gram. “We have always considered victims of hu-

man trafficking to be eligible for the services offered

by the program, but realized clarification was needed

so we can continue to provide services to those who

have been forced to do things against their will,”

Executive Officer Julie Nauman said. The new

regulation exempts trafficking victims from an exist-

ing rule regarding the denial of

benefits due to involvement in the

events leading up to the crime.

The board’s action comes after it

held public hearings on the issue,

and it is designed to ensure con-

sistency in processing decisions.

Utah’s Office for Victims of

Crime modified its “Misconduct”

definition “to make sure that we

were not denying trafficking victims,” according to

Program Director Gary Scheller. The modified rule

now reads as follows, with the new language itali-

cized:

“ . . . Misconduct shall be considered conduct which

contributed to the victim’s injury or death or conduct

which the victim could have reasonably foreseen

could lead to injury or death. In determining

whether the victim engaged in misconduct, the staff

shall consider any behavior of the victim that may

have directly or indirectly contributed to the victim’s

injury or death including consent, provocation, ver-

bal utterance, gesture, incitement, prior conduct of

the victim or the ability of the victim to have rea-

sonably avoided the incident upon which the claim is

based. Staff shall not consider any behavior or ac-

tion of any victim that is committed by the victim

while under the duress or experience of threat, ex-

ploitation, coercion or any circumstance absent the

victim’s own willful desire to participate or any be-

havior or action committed or perceived to have

been committed by the victim of any sex crime when

determining whether the victim engaged in miscon-

duct.”

Massachusetts and Illinois Raise,

Add Benefits

The Massachusetts legislature acted to increase

the cap on funeral and burial expenses from $6,500

to $8,000, establish a catastrophic injury benefit of

$50,000 for those victims who suffer lifelong dis-

ability injuries due to a violent crime, and provide

temporary debt collection protection for compensa-

tion claimants. The Illinois legislature increased the

funeral/burial cap in that state to $7,500, and raised

the maximum on loss of earnings and support to

$1,250 per month.

A total of 13 compensation

programs now offer additional

benefits above their maximum for

catastrophic injuries.

While debt-collection delay is

still rare, there are at least five

programs that offer this protection

to those who have filed claims

with their programs.

The following shows how many states are now at

these funeral-maximum levels:

$2,000: 1

2,500: 1

3,000: 2

3,500: 1

4,000: 2

4,500: 1

5,000: 22

5,500: 1

5,750: 1

6,000: 4

6,500: 2

7,000: 1

7,500: 6

8,000: 1

8,500: 1

9,000: 1

10,000: 2

No maximum: 1

State

Action

National Association of Crime Victim Compensation Boards

Training Calendar 2013 - 2014

National Training Conference September 11-13, 2013

Portland, Oregon

The conference is open to all victim compensation program

managers, staff and board members

NACVCB Regional Conferences

We’ll be developing our Spring 2014 Regional Conferences soon.

Information will be sent to all member programs.